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Donato v. Service Experts, Llc et al

MOTION to Dismiss for Failure to State a Claim

16 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,946 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 279,983 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Lundy v. Catholic Health Sys. of Long Island Inc.

    711 F.3d 106 (2d Cir. 2013)   Cited 1,028 times   10 Legal Analyses
    Holding that an agency relationship requires pleading of facts showing that agent "had apparent or actual authority to bind" principal, and mere conclusory statements of agency status are insufficient to state a claim

  4. Nakahata v. N.Y.-Presbyterian Healthcare Sys., Inc.

    723 F.3d 192 (2d Cir. 2013)   Cited 656 times   3 Legal Analyses
    Holding "[a]llegations of fraud are subject to a heightened pleading standard"

  5. DeJesus v. HF Mgmt. Servs., LLC

    726 F.3d 85 (2d Cir. 2013)   Cited 446 times   5 Legal Analyses
    Holding that "[w]hatever the precise level of specificity that was required of the complaint, Dejesus at least was required to do more than repeat the language of the statute"

  6. Oram v. SoulCycle LLC

    979 F. Supp. 2d 498 (S.D.N.Y. 2013)   Cited 72 times   1 Legal Analyses
    Striking allegations when they served "no purpose except to inflame the reader"

  7. Bustillos v. Acad. Bus, LLC

    13 Civ. 565 (AJN) (S.D.N.Y. Jan. 13, 2014)   Cited 34 times
    Finding conclusory allegation that plaintiff "would regularly work . . . 60 to 90 hours per week"

  8. Kone v. Joy Constr. Corp.

    No. 15CV1328-LTS (S.D.N.Y. Mar. 3, 2016)   Cited 29 times
    Holding that NYLL § 191 is an "an inappropriate vehicle for ... recovery where the gravamen of plaintiffs' complaint is that the sums paid were not equal to what plaintiffs claim they were entitled to receive"

  9. Azeez v. Ramaiah

    14 Civ. 5623 (PAE) (S.D.N.Y. Apr. 9, 2015)   Cited 25 times
    Holding that there "is no federal cause of action for unlawful retention of tips," but New York law, "by contrast, creates a cause of action for misappropriation of tips"

  10. Williams v. City of New York

    03 Civ. 5342 (RWS) (S.D.N.Y. Nov. 1, 2005)   Cited 28 times
    Finding that even if the prison fails to respond, the inmate must still pursue all remaining steps in order to exhaust

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 361,663 times   960 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,974 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 142-2.3 - Call-in pay

    N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 142-2.3   Cited 6 times   6 Legal Analyses

    An employee who by request or permission of the employer reports for work on any day shall be paid for at least four hours, or the number of hours in the regularly scheduled shift, whichever is less, at the basic minimum hourly wage. N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 142-2.3 Amended New York State Register December 28, 2016/Volume XXXVIII, Issue 52, eff. 12/31/2016